bail act 1976 - legislation.gov.uk

Status: Point in time view as at 10/04/1995. This version of this Act contains provisions that are not valid for this point in time.Changes to legislation: Bail Act 1976 is up to date with all changes known to be in force on or before28 June 2021. There are changes that may be brought into force at a future date. Changes that have

been made appear in the content and are referenced with annotations. (See end of Document for details)

Bail Act 19761976 CHAPTER 63

An Act to make provision in relation to bail in or in connection with criminalproceedings in England and Wales, to make it an offence to agree to indemnifysureties in criminal proceedings, to make provision for legal aid limited to questionsof bail in certain cases and for legal aid for persons kept in custody for inquiriesor reports, to extend the powers of coroners to grant bail and for connectedpurposes. [15 November 1976]

Extent InformationE1 For extent of Act see s. 13(3)(4)

Modifications etc. (not altering text)C1 Act excluded by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 47(2), 51, 52C2 Act modified (E.W.) by S.I. 1987/299, art. 8(1)

Act applied (E.W.) (prosp.) by 1980 c. 43, ss. 4-8 (as substituted by 1994 c. 33, s. 44(2)(3)(4), Sch. 4Pt.I (which Sch. 4 was repealed (retrospectively) by 1996 c. 25, ss. 44(2)(6), 80, Sch. 5 para. 1))Act applied (1.9.2001) by 2001 c. 17, s. 16(2) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

C3 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1),Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 ofthat 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references inany enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenilecourts.

Commencement InformationI1 Act partly in force at Royal Assent see s. 13(2); Act wholly in force at 17.4.1978

Preliminary

1 Meaning of “bail in criminal proceedings”.

(1) In this Act “bail in criminal proceedings” means—

http://www.legislation.gov.uk/id/ukpga/1976/63/section/13/3/4

http://www.legislation.gov.uk/id/ukpga/1984/60

http://www.legislation.gov.uk/id/ukpga/1984/60/section/47/2

http://www.legislation.gov.uk/id/ukpga/1984/60/section/51


http://www.legislation.gov.uk/id/uksi/1987/299

http://www.legislation.gov.uk/id/uksi/1987/299/article/8/1




http://www.legislation.gov.uk/id/ukpga/1994/33/section/44/2/3/4

http://www.legislation.gov.uk/id/ukpga/1994/33/schedule/4/part/I

http://www.legislation.gov.uk/id/ukpga/1994/33/schedule/4/part/I




http://www.legislation.gov.uk/id/ukpga/1996/25/schedule/5/paragraph/1






http://www.legislation.gov.uk/id/uksi/2001/2161/article/2






http://www.legislation.gov.uk/id/uksi/1991/2208/schedule/1





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(a) bail grantable in or in connection with proceedings for an offence to a personwho is accused or convicted of the offence, or

(b) bail grantable in connection with an offence to a person who is under arrestfor the offence or for whose arrest for the offence a warrant (endorsed for bail)is being issued.

(2) In this Act “ bail” means bail grantable under the law (including common law) forthe time being in force.

(3) Except as provided by section 13(3) of this Act, this section does not apply to bail inor in connection with proceedings outside England and Wales.

F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This section applies—(a) Whether the offence was committed in England or Wales or elsewhere, and(b) whether it is an offence under the law of England and Wales, or of any other

country or territory.

(6) Bail in criminal proceedings shall be granted (and in particular shall be grantedunconditionally or conditionally) in accordance with this Act.

Extent InformationE2 For extent of s. 1 see s. 13(3)(4)

Textual AmendmentsF1 S. 1(4) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

Modifications etc. (not altering text)C4 Definition in s. 1 applied ( 1. 4. 1991) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 7A(4);

S.I. 1991/608, art. 2, Sch.

2 Other definitions.

(1) In this Act, unless the context otherwise requires, “conviction” includes—(a) a finding of guilt,(b) a finding that a person is not guilty by reason of insanity,(c) a finding under [F2section 30(1) of the Magistrates’ Courts Act 1980] (remand

for medical examination) that the person in question did the act or made theomission charged, and

(d) a conviction of an offence for which an order is made placing the offender onprobation or discharging him absolutely or conditionally,

and “convicted” shall be construed accordingly.

(2) In this Act, unless the context otherwise requires—[F3“bail hostel” and “probation hostel” have the same meanings as in the

Powers of Criminal Courts Act 1973,]“child” means a person under the age of fourteen,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4





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http://www.legislation.gov.uk/id/ukpga/1985/23/section/7A/4




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“court” includes a judge of a court, [F5or a justice of the peace] and, inthe case of a specified court, includes a judge or (as the case may be) justicehaving powers to act in connection with proceedings before that court,

“Courts-Martial Appeal rules” means rules made under section 49 of theM1Courts-Martial (Appeals) Act 1968,

“Crown Court rules” means rules made under section 15 of the M2CourtsAct 1971,

“magistrates’ courts rules” means rules made under section 15 of theJustices of the M3Peace Act 1949.

“offence” includes an alleged offence,“proceedings against a fugitive offender” means proceedings under [F6the

Extradition Act 1989] or section 2(1) or 4(3) of the M4Backing of Warrants(Republic of Ireland) Act 1965,

“Supreme Court rules” means rules made under section 99 of theM5Supreme Court of Judicature (Consolidation) Act 1925,

“surrender to custody” means, in relation to a person released on bail,surrendering himself into the custody of the court or of the constable(according to the requirements of the grant of bail) at the time and place forthe time being appointed for him to do so,

“vary”, in relation to bail, means imposing further conditions after bail isgranted, or varying or rescinding conditions,

“young person” means a person who has attained the age of fourteen andis under the age of seventeen.

(3) Where an enactment (whenever passed) which relates to bail in criminal proceedingsrefers to the person bailed appearing before a court it is to be construed unless thecontext otherwise requires as referring to his surrendering himself into the custody ofthe court.

(4) Any reference in this Act to any other enactment is a reference thereto as amended, andincludes a reference thereto as extended or applied, by or under any other enactment,including this Act.

Textual AmendmentsF2 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 143F3 Definitions inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15

para. 52F4 Definition of “coroners' rules” repealed by Criminal Law Act 1977 (c. 45), Sch. 13F5 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12F6 Words substituted by Extradition Act 1989 (c. 33, SIF 48), s. 36(3)

Marginal CitationsM1 1968 c. 20.M2 1971 c. 23.M3 1949 c. 101.M4 1965 c. 45.M5 1925 c. 49.






















Incidents of bail in criminal proceedings

3 General provisions.

(1) A person granted bail in criminal proceedings shall be under a duty to surrender tocustody, and that duty is enforceable in accordance with section 6 of this Act.

(2) No recognizance for his surrender to custody shall be taken from him.

(3) Except as provided by this section—(a) no security for his surrender to custody shall be taken from him,(b) he shall not be required to provide a surety or sureties for his surrender to

custody, and(c) no other requirement shall be imposed on him as a condition of bail.

(4) He may be required, before release on bail, to provide a surety or sureties to securehis surrender to custody.

(5) If it appears that he is unlikely to remain in Great Britain until the time appointed forhim to surrender to custody, he may be required, before release on bail, to give securityfor his surrender to custody.

The security may be given by him or on his behalf.

(6) He may be required F7. . . to comply, before release on bail or later, with suchrequirements as appear to the court to be necessary to secure that—

(a) he surrenders to custody,(b) he does not commit an offence while on bail,(c) he does not interfere with witnesses or otherwise obstruct the course of justice

whether in relation to himself or any other person,(d) he makes himself available for the purpose of enabling inquiries or a report to

be made to assist the court in dealing with him for the offence.[F8and, in anyAct, “the normal powers to impose conditions of bail” means the powers toimpose conditions under paragraph (a), (b) or (c) above]

[F9(6ZA) Where he is required under subsection (6) above to reside in a bail hostel or probationhostel, he may also be required to comply with the rules of the hostel.]

[F10(6A) In the case of a person accused of murder the court granting bail shall, unless itconsiders that satisfactory reports on his mental condition have already been obtained,impose as conditions of bail—

(a) a requirement that the accused shall undergo examination by two medicalpractitioners for the purpose of enabling such reports to be prepared; and

(b) a requirement that he shall for that purpose attend such an institution or placeas the court directs and comply with any other directions which may be givento him for that purpose by either of those practitioners.

(6B) Of the medical practitioners referred to in subsection (6A) above at least one shall bea practitioner approved for the purposes of [F11section 12 of the Mental Health Act1983].]

(7) If a parent or guardian of a child or young person consents to be surety for the childor young person for the purposes of this subsection, the parent or guardian may be


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required to secure that the child or young person complies with any requirementimposed on him by virtue of [F12subsection (6) or (6A) above], but—

(a) no requirement shall be imposed on the parent or the guardian of a youngperson by virtue of this subsection where it appears that the young person willattain the age of seventeen before the time to be appointed for him to surrenderto custody; and

(b) the parent or guardian shall not be required to secure compliance with anyrequirement to which his consent does not extend and shall not, in respectof those requirements to which his consent does extend, be bound in a sumgreater than £50.

(8) Where a court has granted bail in criminal proceedings [F13that court or, where thatcourt has committed a person on bail to the Crown Court for trial or to be sentencedor otherwise dealt with, that court or the Crown Court may] on application—

(a) by or on behalf of the person to whom [F13bail was] granted, or(b) by the prosecutor or a constable,

vary the conditions of bail or impose conditions in respect of bail which [F13has been]granted unconditionally.

[F14(8A) Where a notice of transfer is given under [F15a relevant transfer provision],subsection (8) above shall have effect in relation to a person in relation to whose casethe notice is given as if he had been committed on bail to the Crown Court for trial.]

(9) This section is subject to [F16subsection (2) of section 30 of the Magistrates’ CourtsAct 1980] (conditions of bail on remand for medical examination).

[F17(10) This section is subject, in its application to bail granted by a constable, to section 3Aof this Act.]

[F18(10) In subsection (8A) above “relevant transfer provision” means—(a) section 4 of the Criminal Justice Act 1987, or(b) section 53 of the Criminal Justice Act 1991.]

Textual AmendmentsF7 Words in s. 3(6) repealed (10.4.1995) by 1994 c. 33, ss. 27(2)(a), 168(3), Sch.11; S.I. 1995/721, art. 2,

Sch. AppendixBF8 Words at the end of s. 3(6) inserted (10.4.1995) by 1994 c. 33, s. 27(2)(b); S.I. 1995/721, art. 2,Sch.F9 S. 3(6ZA) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 131(1), Sch. 8 para. 16F10 S. 3(6A)(6B) inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(2)F11 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 46F12 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(3)F13 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12F14 S. 3(8A) inserted by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 9F15 Words in s. 3(8A) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 12(a); S.I. 1995/127,

art. 2(1), Sch. 1 Appendix AF16 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 144F17 S. 3(10) beginning "This section is" inserted (10.4.1995) by 1994 c. 33, s. 27(2)(c); S.I. 1995/721, art.

2,Sch.F18 S. 3(10) beginning "In subsection (8A)" inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para.

12(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A



http://www.legislation.gov.uk/id/ukpga/1994/33/section/27/2/a







http://www.legislation.gov.uk/id/ukpga/1994/33/section/27/2/b



http://www.legislation.gov.uk/id/ukpga/1976/63/section/3/6ZA




http://www.legislation.gov.uk/id/ukpga/1976/63/section/3/6A/6B









http://www.legislation.gov.uk/id/ukpga/1976/63/section/3/8A







http://www.legislation.gov.uk/id/ukpga/1994/33/schedule/9/paragraph/12/a








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VALID FROM 01/03/2002

[F193AA AElectronic monitoring of compliance with bail conditions

(1) A court shall not impose on a child or young person a requirement undersection 3(6ZAA) above (an “electronic monitoring requirement”) unless each of thefollowing conditions is satisfied.

(2) The first condition is that the child or young person has attained the age of twelveyears.

(3) The second condition is that—(a) the child or young person is charged with or has been convicted of a violent

or sexual offence, or an offence punishable in the case of an adult withimprisonment for a term of fourteen years or more; or

(b) he is charged with or has been convicted of one or more imprisonableoffences which, together with any other imprisonable offences of which hehas been convicted in any proceedings—

(i) amount, or(ii) would, if he were convicted of the offences with which he is charged,

amount,to a recent history of repeatedly committing imprisonable offences whileremanded on bail or to local authority accommodation.

(4) The third condition is that the court—(a) has been notified by the Secretary of State that electronic monitoring

arrangements are available in each petty sessions area which is a relevantarea; and

(b) is satisfied that the necessary provision can be made under thosearrangements.

(5) The fourth condition is that a youth offending team has informed the court that inits opinion the imposition of such a requirement will be suitable in the case of thechild or young person.

(6) Where a court imposes an electronic monitoring requirement, the requirement shallinclude provision for making a person responsible for the monitoring; and a personwho is made so responsible shall be of a description specified in an order made bythe Secretary of State.

(7) The Secretary of State may make rules for regulating—(a) the electronic monitoring of compliance with requirements imposed on a

child or young person as a condition of bail; and(b) without prejudice to the generality of paragraph (a) above, the functions

of persons made responsible for securing the electronic monitoring ofcompliance with such requirements.

(8) Rules under this section may make different provision for different cases.

(9) Any power of the Secretary of State to make an order or rules under this section shallbe exercisable by statutory instrument.


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(10) A statutory instrument containing rules made under this section shall be subject toannulment in pursuance of a resolution of either House of Parliament.

(11) In this section “local authority accommodation” has the same meaning as in theChildren and Young Persons Act 1969 (c. 54).

(12) For the purposes of this section a petty sessions area is a relevant area in relationto a proposed electronic monitoring requirement if the court considers that it willnot be practicable to secure the electronic monitoring in question unless electronicmonitoring arrangements are available in that area.]

Textual AmendmentsF19 S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions

in art. 4)

[F203A Conditions of bail in case of police bail.

(1) Section 3 of this Act applies, in relation to bail granted by a custody officer underPart IV of the M6Police and Criminal Evidence Act 1984 in cases where the normalpowers to impose conditions of bail are available to him, subject to the followingmodifications.

(2) Subsection (6) does not authorise the imposition of a requirement to reside in a bailhostel or any requirement under paragraph (d).

(3) Subsections (6ZA), (6A) and (6B) shall be omitted.

(4) For subsection (8), substitute the following—

(”) Where a custody officer has granted bail in criminal proceedings he or another custodyofficer serving at the same police station may, at the request of the person to whomit was granted, vary the conditions of bail; and in doing so he may impose conditionsor more onerous conditions.”.

(5) Where a constable grants bail to a person no conditions shall be imposed undersubsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constablethat it is necessary to do so for the purpose of preventing that person from—

(a) failing to surrender to custody, or(b) committing an offence while on bail, or(c) interfering with witnesses or otherwise obstructing the course of justice,

whether in relation to himself or any other person.

(6) Subsection (5) above also applies on any request to a custody officer undersubsection (8) of section 3 of this Act to vary the conditions of bail.]

Textual AmendmentsF20 S. 3A inserted (10.4.1995) by 1994 c. 33, s. 27(3); S.I. 1995/721, art. 2,Sch.

Marginal CitationsM6 1984 c. 60.






http://www.legislation.gov.uk/id/ukpga/1976/63/section/3A









Bail for accused persons and others

4 General right to bail of accused persons and others.

(1) A person to whom this section applies shall be granted bail except as provided inSchedule 1 to this Act.

(2) This section applies to a person who is accused of an offence when—(a) he appears or is brought before a magistrates’ court or the Crown Court in the

course of or in connection with proceedings for the offence, or(b) he applies to a court for bail [F21or for a variation of the conditions of bail]in

connection with the proceedings.This subsection does not apply as respects proceedings on or after a person’sconviction of the offence or proceedings against a fugitive offender for the offence.

(3) This section also applies to a person who, having been convicted of an offence, appearsor is brought before a magistrates’ court to be dealt with under [F22Part II of Schedule 2to the Criminal Justice Act 1991 (breach of requirement of probation, communityservice, combination or curfew order)].

(4) This section also applies to a person who has been convicted of an offence and whosecase is adjourned by the court for the purpose of enabling inquiries or a report to bemade to assist the court in dealing with him for the offence.

(5) Schedule 1 to this Act also has effect as respects conditions of bail for a person towhom this section applies.

(6) In Schedule 1 to this Act “the defendant” means a person to whom this section appliesand any reference to a defendant whose case is adjourned for inquiries or a report is areference to a person to whom this section applies by virtue of subsection (4) above.

(7) This section is subject to [F23section 41 of the Magistrates’ Courts Act 1980](restriction of bail by magistrates’ court in cases of treason).

[F24(8) This section is subject to section 25 of the Criminal Justice and Public Order Act 1994(exclusion of bail in cases of homicide and rape).]

Textual AmendmentsF21 Words in s. 4(2)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.33; S.I. 1995/721, art.

2,Sch. Appendix AF22 Words in s. 4(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11

para. 21; S.I. 1992/333, art. 2(2), Sch. 2.F23 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 145F24 S. 4(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.32; S.I. 1995/721, art. 2,Sch.

Appendix A

Supplementary

5 Supplementary provisions about decisions on bail.

(1) Subject to subsection (2) below, where—(a) a court or constable grants bail in criminal proceedings, or

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(b) a court withholds bail in criminal proceedings from a person to whomsection 4 of this act applies, or

(c) a court, officer of a court or constable appoints a time or place or a court orofficer of a court appoints a different time or place for a person granted bailin criminal proceedings to surrender to custody, or

(d) a court [F25or constable]varies any conditions of bail or imposes conditions inrespect of bail in criminal proceedings,

that court, officer or constable shall make a record of the decision in the prescribedmanner and containing the prescribed particulars and, if requested to do so by theperson in relation to whom the decision was taken, shall cause him to be given a copyof the record of the decision as soon as practicable after the record is made.

(2) Where bail in criminal proceedings is granted by endorsing a warrant of arrest for bailthe constable who releases on bail the person arrested shall make the record requiredby subsection (1) above instead of the judge or justice who issued the warrant.

(3) Where a magistrates’ court or the Crown Court—(a) withholds bail in criminal proceedings, or(b) imposes conditions in granting bail in criminal proceedings, or(c) varies any conditions of bail or imposes conditions in respect of bail in

criminal proceedings,and does so in relation to a person to whom section 4 of this Act applies, then the courtshall, with a view to enabling him to consider making an application in the matterto another court, give reasons for withholding bail or for imposing or varying theconditions.

(4) A court which is by virtue of subsection (3) above required to give reasons for itsdecision shall include a note of those reasons in the record of its decision and shall(except in a case where, by virtue of subsection (5) below, this need not be done) givea copy of that note to the person in relation to whom the decision was taken.

(5) The Crown Court need not give a copy of the note of the reasons for its decision to theperson in relation to whom the decision was taken where that person is represented bycounsel or a solicitor unless his counsel or solicitor requests the court to do so.

(6) Where a magistrates’ court withholds bail in criminal proceedings from a person whois not represented by counsel or a solicitor, the court shall—

(a) if it is committing him for trial to the Crown Court [F26or if it issues a certificateunder subsection (6A) below], inform him that he may apply to the High Courtor to the Crown Court to be granted bail;

(b) in any other case, inform him that he may apply to the High Court for thatpurpose.

[F27(6A) Where in criminal proceedings—(a) a magistrates’ court remands a person in custody under any of the following

provisions of the Magistrates’ Courts Act 1980—(i) section 5 (adjournment of inquiry into offence);

(ii) section 10 (adjournment of trial);(iii) section 18 (initial procedure on information against adult for offence

triable either way); or(iv) section 30 (remand for medical examination),

after hearing full argument on an application for bail from him; and




(b) either—(i) it has not previously heard such argument on an application for bail

from him in those proceedings; or(ii) it has previously heard full argument from him on such an application

but it is satisfied that there has been a change in his circumstances orthat new considerations have been placed before it,

it shall be the duty of the court to issue a certificate in the prescribed formthat they heard full argument on his application for bail before they refusedthe application.

(6B) Where the court issues a certificate under subsection (6A) above in a case to whichparagraph (b)(ii) of that subsection applies, it shall state in the certificate the natureof the change of circumstances or the new considerations which caused it to hear afurther fully argued bail application.

(6C) Where a court issues a certificate under subsection (6A) above it shall cause the personto whom it refuses bail to be given a copy of the certificate.]

(7) Where a person has given security in pursuance of section 3(5) above and a courtis satisfied that he failed to surrender to custody then, unless it appears that he hadreasonable cause for his failure, the court may order the forfeiture of the security.

(8) If a court orders the forfeiture of a security under subsection (7) above, the court maydeclare that the forfeiture extends to such amount less than the full value of the securityas it thinks fit to order.

[F28(8A) An order under subsection (7) above shall, unless previously revoked, have effect atthe end of twenty-one days beginning with the day on which it is made.

(8B) A court which has ordered the forfeiture of a security under subsection (7) above may,if satisfied on an application made by or on behalf of the person who gave it that he didafter all have reasonable cause for his failure to surrender to custody, by order remitthe forfeiture or declare that it extends to such amount less than the full value of thesecurity as it thinks fit to order.

(8C) An application under subsection (8B) above may be made before or after the order forforfeiture has taken effect, but shall not be entertained unless the court is satisfied thatthe prosecution was given reasonable notice of the applicant’s intention to make it.]

(9) A security which has been ordered to be forfeited by a court under subsection (7)above shall, to the extent of the forfeiture—

(a) if it consists of money, be accounted for and paid in the same manner as a fineimposed by that court would be;

(b) if it does not consist of money, be enforced by such magistrates’ court as maybe specified in the order.

[F29(9A) Where an order is made under subsection (8B) above after the order for forfeiture of thesecurity in question has taken effect, any money which would have fallen to be repaidor paid over to the person who gave the security if the order under subsection (8B)had been made before the order for forfeiture took effect shall be repaid or paid overto him.]

(10) In this section “prescribed” means, in relation to the decision of a court or an officerof a court, prescribed by Supreme Court rules, Courts-Martial Appeal rules, Crown


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Court rules or magistrates’ courts rules, as the case requires or, in relation to a decisionof a constable, prescribed by direction of the Secretary of State.

[F30(11) This section is subject, in its application to bail granted by a constable, to section 5Aof this Act.]

Textual AmendmentsF25 Words in s. 5(1)(d) inserted (10.4.1995) by 1994 c. 33, s. 27(4), Sch. 3 para. 1(a); S.I. 1995/721, art.

2,Sch.F26 Words inserted as provided by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 60(2)(3)F27 S. 5(6A)–(6C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 60(2)(3)F28 S. 5(8A)–(8C) inserted by Criminal Law Act 1977 (c. 45), Sch. 12F29 S. 5(9A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12F30 S. 5(11) inserted (10.4.1995) by 1994 c. 33, s. 27(4), Sch. 3 para. 1(b); S.I. 1995/721, art. 2,Sch.

[F315A Supplementary provisions in cases of police bail.

(1) Section 5 of this Act applies, in relation to bail granted by a custody officer under PartIV of the Police and Criminal Evidence Act 1984 in cases where the normal powers toimpose conditions of bail are available to him, subject to the following modifications.

(2) For subsection (3) substitute the following—

(”) Where a custody officer, in relation to any person,—(a) imposes conditions in granting bail in criminal proceedings, or(b) varies any conditions of bail or imposes conditions in respect of bail in

criminal proceedings,the custody officer shall, with a view to enabling that person to consider requestinghim or another custody officer, or making an application to a magistrates’ court, tovary the conditions, give reasons for imposing or varying the conditions.”.

(3) For subsection (4) substitute the following—

(”) A custody officer who is by virtue of subsection (3) above required to give reasonsfor his decision shall include a note of those reasons in the custody record and shallgive a copy of that note to the person in relation to whom the decision was taken.”.

(4) Subsections (5) and (6) shall be omitted.]

Textual AmendmentsF31 S. 5A inserted (10.4.1995) by 1994 c. 33, s. 27(4),Sch. 3 para.2; S.I. 1995/721, art. 2,Sch.

[5B Reconsideration of decisions granting bail.

(1) Where a magistrates’ court has granted bail in criminal proceedings in connectionwith an offence, or proceedings for an offence, to which this section applies or aconstable has granted bail in criminal proceedings in connection with proceedings forsuch an offence, that court or the appropriate court in relation to the constable may,on application by the prosecutor for the decision to be reconsidered,—

(a) vary the conditions of bail,

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(b) impose conditions in respect of bail which has been granted unconditionally,or

(c) withhold bail.

(2) The offences to which this section applies are offences triable on indictment andoffences triable either way.

(3) No application for the reconsideration of a decision under this section shall be madeunless it is based on information which was not available to the court or constablewhen the decision was taken.

(4) Whether or not the person to whom the application relates appears before it, themagistrates’ court shall take the decision in accordance with section 4(1) (andSchedule 1) of this Act.

(5) Where the decision of the court on a reconsideration under this section is to withholdbail from the person to whom it was originally granted the court shall—

(a) if that person is before the court, remand him in custody, and(b) if that person is not before the court, order him to surrender himself forthwith

into the custody of the court.

(6) Where a person surrenders himself into the custody of the court in compliance withan order under subsection (5) above, the court shall remand him in custody.

(7) A person who has been ordered to surrender to custody under subsection (5) abovemay be arrested without warrant by a constable if he fails without reasonable cause tosurrender to custody in accordance with the order.

(8) A person arrested in pursuance of subsection (7) above shall be brought as soon aspracticable, and in any event within 24 hours after his arrest, before a justice of thepeace for the petty sessions area in which he was arrested and the justice shall remandhim in custody.

In reckoning for the purposes of this subsection any period of 24 hours, no accountshall be taken of Christmas Day, Good Friday or any Sunday.

(9) Magistrates’ court rules shall include provision—(a) requiring notice of an application under this section and of the grounds for it

to be given to the person affected, including notice of the powers availableto the court under it;

(b) for securing that any representations made by the person affected (whether inwriting or orally) are considered by the court before making its decision; and

(c) designating the court which is the appropriate court in relation to the decisionof any constable to grant bail.]

Extent InformationE3 S. 5B inserted (10.4.1995) by 1994 c. 33, s.30; S.I. 1995/721, art. 2,Sch.

6 Offence of absconding by person released on bail.

(1) If a person who has been released on bail in criminal proceedings fails withoutreasonable cause to surrender to custody he shall be guilty of an offence.

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13



(2) If a person who—(a) has been released on bail in criminal proceedings, and(b) having reasonable cause therefor, has failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time asis reasonably practicable he shall be guilty of an offence.

(3) It shall be for the accused to prove that he had reasonable cause for his failure tosurrender to custody.

(4) A failure to give to a person granted bail in criminal proceedings a copy of the record ofthe decision shall not constitute a reasonable cause for that person’s failure to surrenderto custody.

(5) An offence under subsection (1) or (2) above shall be punishable either on summaryconviction or as if it were a criminal contempt of court.

(6) Where a magistrates’ court convicts a person of an offence under subsection (1) or (2)above the court may, if it thinks—

(a) that the circumstances of the offence are such that greater punishment shouldbe inflicted for that offence than the court has power to inflict, or

(b) in a case where it commits that person for trial to the Crown Court for anotheroffence, that it would be appropriate for him to be dealt with for the offenceunder subsection (1) or (2) above by the court before which he is tried for theother offence,

commit him in custody or on bail to the Crown Court for sentence.

(7) A person who is convicted summarily of an offence under subsection (1) or (2) aboveand is not committed to the Crown Court for sentence shall be liable to imprisonmentfor a term not exceeding 3 months or to a fine not exceeding [F32level 5 on the standardscale] or to both and a person who is so committed for sentence or is dealt with as forsuch a contempt shall be liable to imprisonment for a term not exceeding 12 monthsor to a fine or to both.

(8) In any proceedings for an offence under subsection (1) or (2) above a documentpurporting to be a copy of the part of the prescribed record which relates to the timeand place appointed for the person specified in the record to surrender to custody andto be duly certified to be a true copy of that part of the record shall be evidence of thetime and place appointed for that person to surrender to custody.

(9) For the purposes of subsection (8) above—(a) “the prescribed record” means the record of the decision of the court, officer

or constable made in pursuance of section 5(1) of this Act;(b) the copy of the prescribed record is duly certified if it is certified by the

appropriate officer of the court or, as the case may be, by the constable whotook the decision or a constable designated for the purpose by the officer incharge of the police station from which the person to whom the record relateswas released;

(c) “the appropriate officer” of the court is—(i) in the case of a magistrates’ court, the justices’ clerk or such other

officer as may be authorised by him to act for the purpose;




(ii) in the case of the Crown Court, such officer as may be designatedfor the purpose in accordance with arrangements made by the LordChancellor;

(iii) in the case of the High Court, such officer as may be designatedfor the purpose in accordance with arrangements made by the LordChancellor;

(iv) in the case of the Court of Appeal, the registrar of criminal appeals orsuch other officer as may be authorised by him to act for the purpose;

(v) in the case of the Courts-Martial Appeal Court, the registrar or suchother officer as may be authorised by him to act for the purpose.

Extent InformationE4 For extent of s. 1 see s. 13(3)

Textual AmendmentsF32 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.)

Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703(N.I. 3), arts. 5, 6

7 Liability to arrest for absconding or breaking conditions of bail.

(1) If a person who has been released on bail in criminal proceedings and is under a duty tosurrender into the custody of a court fails to surrender to custody at the time appointedfor him to do so the court may issue a warrant for his arrest.

(2) If a person who has been released on bail in criminal proceedings absents himselffrom the court at any time after he has surrendered into the custody of the court andbefore the court is ready to begin or to resume the hearing of the proceedings, the courtmay issue a warrant for his arrest; but no warrant shall be issued under this subsectionwhere that person is absent in accordance with leave given to him by or on behalf ofthe court.

(3) A person who has been released on bail in criminal proceedings and is under a duty tosurrender into the custody of a court may be arrested without warrant by a constable—

(a) if the constable has reasonable grounds for believing that that person is notlikly to surrender to custody;

(b) if the constable has reasonable grounds for believing that that person is likelyto break any of the conditions of his bail or has reasonable grounds forsuspecting that that person has broken any of those conditions; or

(c) in a case where that person was released on bail with one or more surety orsureties, if a surety notifies a constable in writing that that person is unlikelyto surrender to custody and that for that reason the surety wishes to be relievedof his obligations as a surety.

(4) a person arrested in pursuance of subsection (3) above—(a) shall, except where he was arrested within 24 hours of the time appointed

for him to surrender to custody, be brought as soon as practicable and in anyevent within 24 hours after his arrest before a justice of the peace for the pettysessions area in which he was arrested; and






http://www.legislation.gov.uk/id/ukpga/1975/21/section/289F

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15



(b) in the said excepted case shall be brought before the court at which he wasto have surrendered to custody.

[F33In reckoning for the purposes of this subsection any period of 24 hours, no accountshall be taken of Christmas Day, Good Friday or any Sunday.]

(5) A justice of the peace before whom a person is brought under subsection (4) abovemay, subject to subsection (6) below, if of the opinion that that person—

(a) is not likely to surrender to custody, or(b) has broken or is likely to break any condition of his bail,

remand him in custody or commit him to custody, as the case may require, oralternatively, grant him bail subject to the same or to different conditions, but if notof that opinion shall grant him bail subject to the same conditions (if any) as wereoriginally imposed.

(6) Where the person so brought before the justice is a child or young person and thejustice does not grant him bail, subsection (5) above shall have effect subject to theprovisions of section 23 of the M7Children and Young Persons Act 1969 (remands tothe care of local authorities).

Textual AmendmentsF33 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12


8 Bail with sureties.

(1) This section applies where a person is granted bail in criminal proceedings oncondition that he provides one or more surety or sureties for the purpose of securingthat he surrenders to custody.

(2) In considering the suitability for that purpose of a proposed surety, regard may be had(amongst other things) to—

(a) the surety’s financial resources;(b) his character and any previous convictions of his; and(c) his proximity (whether in point of kinship, place of residence or otherwise) to

the person for whom he is to be surety.

(3) Where a court grants a person bail in criminal proceedings on such a condition but isunable to release him because no surety or no suitable surety is available, the courtshall fix the amount in which the surety is to be bound and subsections (4) and (5)below, or in a case where the proposed surety resides in Scotland subsection (6) below,shall apply for the purpose of enabling the recognizance of the surety to be enteredinto subsequently.

(4) Where this subsection applies the recognizance of the surety may be entered intobefore such of the following persons or descriptions of persons as the court may byorder specify or, if it makes no such order, before any of the following persons, thatis to say—

(a) where the decision is taken by a magistrates’ court, before a justice of thepeace, a justices’ clerk or a police officer who either is of the rank of inspector







or above or is in charge of a police station or, if magistrates’ courts rules soprovide, by a person of such other description as is specified in the rules;

(b) where the decision is taken by the Crown Court, before any of the personsspecified in paragraph (a) above or, if Crown Court rules so provide, by aperson of such other description as is specified in the rules;

(c) where the decision is taken by the High Court or the Court of Appeal, beforeany of the persons specified in paragraph (a) above or, if Supreme Court rulesso provide, by a person of such other description as is specified in the rules;

(d) where the decision is taken by the Courts-Martial Appeal Court, before any ofthe persons specified in paragraph (a) above or, if Courts-Martial Appeal rulesso provide, by a person of such other description as is specified in the rules;

and Supreme Court rules, Crown Court rules, Courts-Martial Appeal rules ormagistrates’ courts rules may also prescribe the manner in which a recognizance whichis to be entered into before such a person is to be entered into and the persons by whomand the manner in which the recognizance may be enforced.

(5) Where a surety seeks to enter into his recognizance before any person in accordancewith subsection (4) above but that person declines to take his recognizance becausehe is not satisfied of the surety’s suitability, the surety may apply to—

(a) the court which fixed the amount of the recognizance in which the surety wasto be bound, or

(b) a magistrates’ court for the petty sessions area in which he resides,for that court to take his recognizance and that court shall, if satisfied of his suitability,take his recognizance.

(6) Where this subsection applies, the court, if satisfied of the suitability of the proposedsurety, may direct that arrangements be made for the recognizance of the surety tobe entered into in Scotland before any constable, within the meaning of the M8Police(Scotland) Act 1967, having charge at any police office or station in like manner asthe recognizance would be entered into in England or Wales.

(7) Where, in pursuance of subsection (4) or (6) above, a recognizance is entered intootherwise than before the court that fixed the amount of the recognizance, the sameconsequences shall follow as if it had been entered into before that court.


Miscellaneous

9 Offence of agreeing to indemnify sureties in criminal proceedings.

(1) If a person agrees with another to indemnify that other against any liability which thatother may incur as a surety to secure the surrender to custody of a person accused orconvicted of or under arrest for an offence, he and that other person shall be guiltyof an offence.

(2) An offence under subsection (1) above is committed whether the agreement is madebefore or after the person to be indemnified becomes a surety and whether or not he



17



becomes a surety and whether the agreement contemplates compensation in moneyor in money’s worth.

(3) Where a magistrates’ court convicts a person of an offence under subsection (1) abovethe court may, if it thinks—

(a) that the circumstances of the offence are such that greater punishment shouldbe inflicted for that offence than the court has power to inflict, or

(b) in a case where it commits that person for trial to the Crown Court for anotheroffence, that it would be appropriate for him to be dealt with for the offenceunder subsection (1) above by the court before which he is tried for the otheroffence,

commit him in custody or on bail to the Crown Court for sentence.

(4) A person guilty of an offence under subsection (1) above shall be liable—(a) on summary conviction, to imprisonment for a term not exceeding 3 months

or to a fine not exceeding £400 or to both; or(b) on conviction on indictment or if sentenced by the Crown Court on committal

for sentence under subsection (3) above, to imprisonment for a term notexceeding 12 months or to a fine or to both.

(5) No proceedings for an offence under subsection (1) above shall be instituted exceptby or with the consent of the Director of Public Prosecutions.

Modifications etc. (not altering text)C5 S. 9(5) explained by Criminal Jurisdiction Act 1975 (c. 59), s. 12

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual AmendmentsF34 S. 10 repealed by Criminal Law Act 1977 (c. 45), Sch. 13

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual AmendmentsF35 S. 11 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

12 Amendments, repeals and transitional provisions.

(1) Schedule 2 to this Act (which contains consequential and minor amendments ofenactments) shall have effect.

(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extentspecified in the third column of that Schedule.

(3) The transitional provisions contained in Schedule 4 to this Act shall have effect.













Modifications etc. (not altering text)C6 The text of s. 12(1)(2) is in the form in which it was originally enacted: it was not reproduced in

Statutes in Force and does not reflect any amendments or repeals which may have been made prior to1.2.1991.

13 Short title, commencement, application and extent.

(1) This act may be cited as the Bail Act 1976.

(2) This Act (except this section) shall come into force on such day as the Secretary ofState may by order in a statutory instrument appoint.

(3) Section 1 of this Act applies to bail grantable by the Courts-Martial Appeal Court whensitting outside England and Wales and accordingly section 6 of this Act applies to afailure outside England and Wales by a person granted bail by that Court to surrenderto custody.

(4) Except as provided by subsection (3) above and with the exception of so much ofsection 8 as relates to entering into recognizances in Scotland and paragraphs 31 and46 of Schedule 2 to this Act, this Act does not extend beyond England and Wales.

Modifications etc. (not altering text)C7 17.4.1978 appointed under s. 13(2) by S.I. 1978/132


Bail Act 1976 (c. 63)SCHEDULE 1 – Persons Entitled to Bail: Supplementary ProvisionsDocument Generated: 2021-06-28

19



S C H E D U L E S

SCHEDULE 1 Section 4.

PERSONS ENTITLED TO BAIL: SUPPLEMENTARY PROVISIONS

PART I

DEFENDANTS ACCUSED OR CONVICTED OF IMPRISONABLE OFFENCES

Defendants to whom Part I applies1 Where the offence or one of the offences of which the defendant is accused

or convicted in the proceedings is punishable with imprisonment the followingprovisions of this Part of this Schedule apply.

Exceptions to right to bail2 The defendant need not be granted bail if the court is satisfied that there are

substantial grounds for believing that the defendant, if released on bail (whethersubject to conditions or not) would—

(a) fail to surrender to custody, or(b) commit an offence while on bail, or(c) interfere with witnesses or otherwise obstruct the course of justice, whether

in relation to himself or any other person.

[F362A The defendant need not be granted bail if—(a) the offence is an indictable offence or an offence triable either way; and(b) it appears to the court that he was on bail in criminal proceedings on the

date of the offence.]

Textual AmendmentsF36 Sch. 1 Pt. I para. 2A inserted (10.4.1995) by 1994 c. 33, s. 26(a); S.I. 1995/721, art. 2,Sch.

3 The defendant need not be granted bail if the court is satisfied that the defendantshould be kept in custody for his own protection or, if he is a child or young person,for his own welfare.

4 The defendant need not be granted bail if he is in custody in pursuance of thesentence of a court or of any authority acting under any of the Services Acts.

5 The defendant need not be granted bail where the court is satisfied that it hasnot been practicable to obtain sufficient information for the purpose of taking thedecisions required by this Part of this Schedule for want of time since the institutionof the proceedings against him.

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20 Bail Act 1976 (c. 63)SCHEDULE 1 – Persons Entitled to Bail: Supplementary Provisions

Document Generated: 2021-06-28Status: Point in time view as at 10/04/1995. This version of this Act contains provisions that are not valid for this point in time.

Changes to legislation: Bail Act 1976 is up to date with all changes known to be in force on or before28 June 2021. There are changes that may be brought into force at a future date. Changes that have


6 The defendant need not be granted bail if, having been released on bail in or inconnection with the proceedings for the offence, he has been arrested in pursuanceof section 7 of this Act.

Exception applicable only to defendant whose case is adjourned for inquiries or a report7 Where his case is adjourned for inquiries or a report, the defendant need not be

granted bail if it appears to the court that it would be impracticable to complete theinquiries or make the report without keeping the defendant in custody.

Restriction of conditions of bail

8 (1) Subject to sub-paragraph (3) below, where the defendant is granted bail, noconditions shall be imposed under subsections (4) to (7) [F37(except subsection (6)(d))]of section 3 of this Act unless it appears to the court that it is necessary to doso for the purpose of preventing the occurrence of any of the events mentioned inparagraph 2 of this Part of this Schedule [F38 or, in the case of a condition undersubsection (6)(d) of that section, that it is necessary to impose it to enable inquiriesor a report to be made into the defendant’s physical or mental condition [F39or, wherethe condition is that the defendant reside in a bail hostel or probation hostel, that itis necessary to impose it to assess his suitability for being dealt with for the offencein a way which would involve a period of residence in a probation hostel.]]

[F40(1A) No condition shall be imposed under section 3(6)(d) of this Act unless it appears tobe necessary to do so for the purpose of enabling inquiries or a report to be made.]

(2) [F41Sub-paragraphs (1) and (1A) above also apply] on any application to the court tovary the conditions of bail or to impose conditions in respect of bail which has beengranted unconditionally.

(3) The restriction imposed by [F42sub-paragraph (1A)]above shall not [F43apply to theconditions required to be imposed under section 3(6A) of this Act or] operate tooverride the direction in [F44section 30(2) of the Magistrates’ Courts Act 1980] to amagistrates’ court to impose conditions of bail under section 3(6)(d) of this Act of thedescription specified in [F44the said section 30(2)] in the circumstances so specified.

Textual AmendmentsF37 Words in Sch. 1 para. 8 inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch.

11, para. 22(2); S.I. 1992/333, art. 2(2), Sch.2.F38 Words in Sch. 1 para. 8 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100.

101(2), Sch. 11. para. 22(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2.F39 Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 131(2), Sch. 8 para. 16F40 Sch. 1 para. 8(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11

para. 22(3); S.I. 1992/333, art. 2(2), Sch.2.F41 Words in Sch. 1 para. 8(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100,

Sch. 11 para. 22(4); S.I. 1992/333, art. 2(2), Sch.2.F42 Words in Sch. 1 para. 8(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100,

Sch. 11 para. 22(5); S.I. 1992/333, art. 2(2), Sch.2.F43 Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 34(4)






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21



F44 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 146

Decisions under paragraph 29 In taking the decisions required by paragraph 2 [F45or 2A] of this Part of this

Schedule, the court shall have regard to such of the following considerations asappear to it to be relevant, that is to say—

(a) the nature and seriousness of the offence or default (and the probablemethod of dealing with the defendant for it),

(b) the character, antecedents, associations and community ties of thedefendant,

(c) the defendant’s record as respects the fulfilment of his obligations underprevious grants of bail in criminal proceedings,

(d) except in the case of a defendant whose case is adjourned for inquiries ora report, the strength of the evidence of his having committed the offenceor having defaulted,

as well as to any others which appear to be relevant.

Textual AmendmentsF45 Words in Sch. 1 Pt. I para. 9 inserted (10.4.1995) by 1994 c. 33, s. 26(b); S.I. 1995/721, art. 2,Sch.

[F469A (1) If—(a) the defendant is charged with an offence to which this paragraph applies; and(b) representations are made as to any of the matters mentioned in paragraph 2

of this Part of this Schedule; and(c) the court decides to grant him bail,

the court shall state the reasons for its decision and shall cause those reasons to beincluded in the record of the proceedings.

(2) The offences to which this paragraph applies are—(a) murder;(b) manslaughter;(c) rape;(d) attempted murder; and(e) attempted rape.]

Textual AmendmentsF46 Sch. 1 paras. 9A, 9B inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 153, 155(2), Sch. 8

para. 16



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22 Bail Act 1976 (c. 63)SCHEDULE 1 – Persons Entitled to Bail: Supplementary Provisions




[F47 Cases under section 128A of Magistrates’ Courts Act 1980

Textual AmendmentsF47 Sch. 1 paras. 9A, 9B inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 153, 155(2), Sch. 8

para. 16

9B Where the court is considering exercising the power conferred by section 128A ofthe Magistrates’ Courts Act 1980 (power to remand in custody for more than 8 cleardays), it shall have regard to the total length of time which the accused would spendin custody if it were to exercise the power.]

PART II

DEFENDANTS ACCUSED OR CONVICTED OF NON-IMPRISONABLE OFFENCES

Defendants to whom Part II applies1 Where the offence or every offence of which the defendant is accused or convicted

in the proceedings is one which is not punishable with imprisonment the followingprovisions of this Part of this Schedule apply.

Exceptions to right to bail2 The defendant need not be granted bail if—

(a) it appears to the court that, having been previously granted bail in criminalproceedings, he has failed to surrender to custody in accordance with hisobligations under the grant of bail; and

(b) the court believes, in view of that failure, that the defendant, if releasedon bail (whether subject to conditions or not) would fail to surrender tocustody.

3 The defendant need not be granted bail if the court is satisfied that the defendantshould be kept in custody for his own protection or, if he is a child or young person,for his own welfare.

4 The defendant need not be granted bail if he is in custody in pursuance of thesentence of a court or of any authority acting under any of the Services Acts.

5 The defendant need not be granted bail if, having been released on bail in or inconnection with the proceedings for the offence, he has been arrested in pursuanceof section 7 of this Act.

[F48PART IIA

DECISIONS WHERE BAIL REFUSED ON PREVIOUS HEARING

Textual AmendmentsF48 Sch. 1 Pt. IIA inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 153, 155(2), Sch. 8 para. 16

http://www.legislation.gov.uk/id/ukpga/1976/63/schedule/1/paragraph/9A

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23



1 If the court decides not to grant the defendant bail, it is the court’s duty to consider,at each subsequent hearing while the defendant is a person to whom section 4 aboveapplies and remains in custody, whether he ought to be granted bail.

2 At the first hearing after that at which the court decided not to grant the defendantbail he may support an application for bail with any argument as to fact or law thathe desires (whether or not he has advanced that argument previously).

3 At subsequent hearings the court need not hear arguments as to fact or law whichit has heard previously.]

PART III

INTERPRETATION

1 For the purposes of this Schedule the question whether an offence is one which ispunishable with imprisonment shall be determined without regard to any enactmentprohibiting or restricting the imprisonment of young offenders or first offenders.

2 References in this schedule to previous grants of bail in criminal proceedingsinclude references to bail granted before the coming into force of this Act [F49; andso as respects the reference to an offence committed by a person on bail in relation toany period before the coming into force of paragraph 2A of Part 1 of this Schedule.]

Textual AmendmentsF49 Words at the end of Sch. 1 Pt. III para. 2 inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.34;

S.I. 1995/721, art. 2,Sch. Appendix A

3 References in this Schedule to a defendant’s being kept in custody or being incustody include (where the defendant is a child or young person) references to hisbeing kept or being in the care of a local authority in pursuance of a warrant ofcommitment under section 23(1) of the M9Children and Young Persons Act 1969.


4 In this Schedule—“court”, in the expression “sentence of a court”, includes a service court as

defined in section 12(1) of the M10Visiting Forces Act 1952 and “sentence”,in that expression, shall be construed in accordance with that definition;

“default”, in relation to the defendant, means the default for which he isto be dealt with under section 6 or section 16 of the M11Powers of CriminalCourts Act 1973;

“the Services Acts” means the M12Army Act 1955, the M13Air Force Act1955 and the M14Naval Discipline Act 1957.







24 Bail Act 1976 (c. 63)SCHEDULE 2 – CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS




Marginal CitationsM10 1952 c. 67.M11 1973 c. 62.M12 1955 c. 18.M13 1955 c. 19.M14 1957 c. 53.


CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS

Modifications etc. (not altering text)C8 The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes

in Force and, except as specified, does not reflect any amendments or repeals which may have been madeprior to 1.2.1991.

M15Habeas Corpus Act 1679


1 In section 2 of the Habeas Corpus Act 1679 (bail for ersons released from custodyunder habeas corpus while awaiting trial) for the words from “discharge the saidprisoner” to “his ot their appearance in” there shall be substituted the words “grantbail in accordance with the Bail Act 1976 to the said prisoner subject to a dutyto appear before” and for the words “and the said recognizance or recognizances”there shall be substituted the words “together with the recognizance of any suretyfor him”.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual AmendmentsF50 Sch. 2 para. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1

M16Criminal Law Amendment Act 1867


3 In section 10 of the Criminal Law Amendment Act 1867 (production from prisonwithout habeas corpus where recognizances for appearance have been taken) for






http://www.legislation.gov.uk/id/aep/1679/2






Bail Act 1976 (c. 63)SCHEDULE 2 – CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTSDocument Generated: 2021-06-28

25



the words from the beginning to “such court” there shall be substituted the words“Where a person who has been granted bail in criminal proceedings is, whileawaiting for trial for the offence before the Crown Court, in prison”.

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual AmendmentsF51 Sch. 2 para. 4 repealed by Criminal Law Act 1977 (c. 45), Sch. 13

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual AmendmentsF52 Sch. 2 para. 5 repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual AmendmentsF53 Sch. 2 para. 6 repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6), Sch. 2

M17Criminal Justice Administration Act 1914


7 In section 19 of the Criminal Justice Administration Act 1914 (continuousbail otherwise than in proceedings in magistrates’ courts), for the words “therecognizance may be conditioned” there shall be substituted the words “the courtmay, where it remands him on bail in criminal proceedings (within the meaningof the Bail Act 1976) direct him to appear or, in any other case, direct that hisrecognizance be conditioned”.

M18Indictments Act 1915

Marginal CitationsM18 1915 c. 90

8 In section 5(5)(c) of the Indictment Act 1915 (bail where seperate trial or postponedtrial ordered) for the words “admitting the accused person to bail” there shall besubstituted the words “granting the accused person bail”.

















M19Children and Young Persons Act 1933


9 In section 13(2) of the Children and Young Persons Act 1933 (police bail for personarrested for serious offence against juvenile) for the words from “on his entering”to the end there shall be substituted the words “on bail in accordance with the BailAct 1976 subject to a duty to appear at the hearing of the charge”.

M20Public Order Act 1936

Marginal CitationsM20 1 Edw. 8 & 1 Geo. 6. c. 6.

10 In section 1(2) of the Public Order Act 1936 (right to release on bail in certaincircumstances of persons charged with wearing uniforms in public) for the words“dischrged from custody on entering into a recognizance” there shall be substitutedthe words “realesed on bail”.

M21Criminal Justice Act 1948


11 (1) Section 37 of the Criminal Justice Act 1948 (powers of High Court to grant bail onappeals against and other proceedings questioning convictions or sentences) shall beamended as follows.

(2) In subsection (1), in paragraph (b), for the words “release on bail” there shall besubstituted the words “grant bail to”.

(3) In subsection (1), for paragraph (d), there shall be substituted the following.“(d) the High Court may grant bail to a person who has been convicted or

sentenced by a magistrates’ court and has applied to the High Courtfor an order of certiorari to remove the proceedings into the HighCourt or has applied to the High Court for leave to make such anapplication ;”.

(4) After subsection (1) there shall be inserted the following subsection—

“(1A) Where the court grants bail to a person under paragraph (d) of subsection (1)above—

(a) the time at which he is to appear in the event of the conviction orsentence not being quashed by the High Court shall be such timewithin ten days after the judgement of the High Court has been givenas may be specified by the High Court ; and




27



(b) the place at which he is to appear in that event shall be a magistrates’court acting for the same petty sessions area as the court whichconvicted or sentenced him.”

(5) In subsection (6), for the words “admitted to” wherever occurring there shall besubstituted the words “released on”.

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual AmendmentsF54 Sch. 2 para. 12 repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 9 Pt. II

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual AmendmentsF55 Sch. 2 para. 13 repealed by Animal Health Act 1981 (c. 22, SIF 4:4), Sch. 7

14—29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual AmendmentsF56 Sch. 2 paras. 14–29 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

M22Administration of Justice Act 1960


30 In section 4(2) of the Administration of Justice Act 1960 (power to grant bail inappeals from Divisional Courts), after the words “in relation to” there shall beinserted the words “the time and the placeof appearance appointed and” and, afterthe words “entered into”, there shall be inserted the words “by any surety”.

31 In section 6(1) of the Administration of Justice Act 1960 (computation of sentencewhere bail granted in appeals to House of Lords) for the words “admitted to” thereshall be susbtituted the words “granted” and for the words “at large after being soadmitted” there shall be substituted the words “released on bail”.

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual AmendmentsF57 Sch. 2 para. 32 repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7



http://www.legislation.gov.uk/id/ukpga/1983/2/schedule/9/part/II















M23Backing of Warrants (Republic of Ireland) Act 1965


33 (1) Section 5 of the Backing of Warrants (Republic of Ireland) Act 1965 shall beamended as follows.

(2) In subsection (1), for paragraph (b) and the words following that paragraph thereshall be substituted the following—

“(b) remand him on bail in accordance with the Bail Act 1976, that is tosay, direct him to surrender himself to the custody of the officer incharge of a specified police station at the time to be appointed bythat officer and notified in writing to the person so remanded ;

and where his release on bail is conditional on his providing one or more surety orsureties and, in accordance with section 8(3) of that Act, the court fixes the amountin which the surety is to be bound with a view to his entering into his recognizancesubsequently in accordance with subsections (4) and (5) or (6) of that section thecourt shall in the meantime commit him to the custody of a constable. ”

(3) In subsection (2), there shall be substituted, for the words from the beginning to “soserved” the words “The time to be appointed for the purposes ofsubsection (1) aboveby the officer and notified to the person so remanded”.

(4) In subsection (3), for the words from “release” to the end there shall be substitutedthe words “grant him bail in accordance with the Bail Act 1976 subject to a duty tosurrender himself into the custody of the officer in charge of th station specified undersubsection (1) above at the time appointed by that officer and notified in writingto him ; and subsection (2) above shall apply to the appointment of a time for thepurposes of this subsection as it applies to the appointment of a time for the purposesof subsection (1) above.”

(5) In subsection (4), for the words “in the recognizance” there shall be substituted thewords “under subsection (1) above” and for the words “release him” there shall besubstituted the words “grant him bail”.

M24Criminal Justice Act 1967


34 Section 18 of the Criminal Justice Act 1967 (restrictions on refusal of bail bymagistrates’ courts in criminal proceedings) shall be omitted.

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual AmendmentsF58 Sch. 2 para. 35 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9







29



36 Section 21 of the Criminal Justice Act 1967 (power to impose special conditionsof bail) shall be omitted.

37 (1) Section 22 of the Criminal Justice Act 1967 (extension of power of High Court togrant, or vary conditions of, bail) shall be amended as follows.

(2) For subsections (1) and (2) there shall be substituted the following—

“(1) Where an inferior court withholds bail in criminal proceedings or imposesconditions in granting bail in criminal proceedings, the High Court may grantbail or vary the conditions.

(2) Wher the High Court grants a person bail under this section it may directhim to appear at a time and place which the inferior court may have directedand the recognizance of any surety shall be conditioned accordingly.”

(3) In subsection (3) for the words “admitted to” wherever occurring there shall besubstituted the word “granted”.

(4) At the end of subsection (4) there shall be added the words “and “bail in criminalproceedings” and “vary”have the same meaning as they have in the Bail Act 1976.”

M25Criminal Appeal Act 1968


38 In section 8(2) and (3) of the Criminal Appeal Act 1968 (bail etc on retrial), inparagraph (a), for the words “admission to” there shall be substituted the words“released on”.

F5939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual AmendmentsF59 Sch. 2 para. 39 repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

(c. 25, SIF 39:1), s. 8(3), Sch. 4; S.I. 1991/2488, art.2

40—42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual AmendmentsF60 Sch. 2 paras. 40–42 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

43 In section 36 of the Criminal Appeal Act 1968 (bail on appeal from Court of Appeal)for the words “admit him to” there shall be substituted the words “grant him”.

44 In section 43(1) of the Criminal Appeal Act 1968 (computation of sentence wherebail granted on appeal to House of Lords) for the words “admitted to” there shall besubstituted the word “granted” and for the words “at large after being so admitted”there shall be substituted the words “released on bail”.












30 Bail Act 1976 (c. 63)SCHEDULE 3 – REPEALS




45 In Schedule 2 to the Criminal Appeal Act 1968 (provisions about retrial) inparagraph 2(3)(b) for the words “at large after being admitted to bail” there shallbe substituted the words “released on bail”.

M26Courts-Martial (Appeals) Act 1968


46 In section 45(2) of the Courts-Martial (Appeals) Act 1968 (computation of sentencewhere bail granted on appeal to House of Lords) for the words “admitted to” thereshall be substituted the word “granted” and for the words “at large after being soadmitted” there shall be substituted the words “released on bail”.

M27Children and Young Persons Act 1969


47 In section 29 of the Children and Young Perons Act 1969 (release or furtherdetention of arrested child or young person), for subsection (2), there shall besubstituted the following—

“(2) Where a parent or guardian enters into a recognizance to secure that the childor young person appears at the hearing of the charge, the recognizance may,if the said officer thinks fit, be conditioned for the attendance of the parent orguardian at the hearing in addition to the person arrested.”and subsection (6)shall be omitted.

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual AmendmentsF61 Sch. 2 para. 48 repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7


REPEALS

Modifications etc. (not altering text)C9 The text of Schedule 3 is in the form in which it was originally enacted: it was not reproduced in Statutes

in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter Short Title Extent of Repeal






Bail Act 1976 (c. 63)SCHEDULE 3 – REPEALSDocument Generated: 2021-06-28

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31 Chas. 2. c. 2. The Habeas Corpus Act 1679 In section 5, the words “byrecognizance”.

32 Geo. 3. c. 56. The Servants’ Characters Act1792

In section 6, the words “andenter into recognizance”.

2 & 3 Vict. c. 47. The Metropolitan Police Act1839

In section 69, the words from“to take bail” to the end.

2 & 3 Vict. c. 71. The Metropolitan PoliceCourts Act 1839

Section 36.

52 & 53 Vict. c. 63. The Interpretation Act 1889. In section 27, the words from“and shall include” to theend.

11 & 12 Geo. 6. c. 58. The Criminal Justice Act1948.

In section 37, subsections (2)and (3) and, in subsection (4),paragraph (a).

15 & 16 Geo 6. & 1 Eliz. 2.c. 55.

The Magistrates’ Courts Act1952.

In section 16(2), the words“to enter into a recognizanceor”.

In section 26, subsection (4). Section 38(3). Section 97.8 & 9 Eliz. 2. c. 65. The Administration of Justice

Act 1960.In section 4(3), the words“the applicant or”.

1965 c. 45. The Backing of Warrants(Republic of Ireland) Act1965.

In section 5(4) the words“in breach of a recognizancetakem from him underthis section” and “withoutprejudice to the enforcementof the recognizance”.

1967 c. 80. The Criminal Justice Act1967.

Sections 18 and 21.

In section 22(3), thereference to subsection (3)of section 37 of the CriminalJustice Act 1948.

Section 23.1969 c. 54. The Children and Young

Persons Act 1969.In section 29, subsection (6).

1971 c. 23. The Courts Act 1971. In section 13, subsection (3).1972 c. 71. The Criminal Justice Act

1972.Section 43.

32 Bail Act 1976 (c. 63)SCHEDULE 4 – Transitional Provisions





TRANSITIONAL PROVISIONS

1 (1) Without prejudice to section 38(2) of the M28Interpretation Act 1889 (effect ofrepeals), nothing in the amendments or repeals effected by section 12 of andSchedules 2 and 3 to this Act shall affect the application of the enactments amendedor repealed thereby in relation to recognizances entered into or security given bypersons granted bail before the appointed day and the recognizances of any suretiesfor them.

(2) Nothing in those amendments or repeals shall, in particular, affect the doing of anyof the following things after the appointed day, that is to say—

(a) the enforcement of the recognizance of such a person in the event of a breachof recognizance after the appointed day;

(b) the exercise of any power to issue and the execution of a warrant for thearrest of such a person for breach of his recognizance after the appointed day;

(c) the exercise of any power to enlarge the recognizance of such a person andof any surety for him to a later time in the absence of that person and hissurety (if any);

(d) the exercise of any power to vary any conditions on which a person wasgranted bail before the appointed day or to reduce the amount in which he orany surety is to be bound or to discharge or dispense with any of the sureties;

and no application shall be made under section 3(8) of this Act for the variation ofconditions of bail so granted or for the imposition of conditions in respect of bailso granted.


2 Where, before the appointed day, a court has—(a) given a direction that the recognizance of a person to whom it has granted

bail may be entered into before another court or any person, or(b) endorsed a warrant for the arrest of a person with a direction that he be

released on his entering into such a recognizance as is specified in theendorsement,

the recognizance may be entered into and taken after the appointed day inaccordance with the direction and paragraph 1 above shall apply to such arecognizance as it applies to a recognizance entered into before the appointed day.

3 Where a person has been granted bail before the appointed day and his recognizance(and that of any surety for him) is conditioned for his appearance before a court fromtime to time, then, on his first appearance before a court after the appointed day—

(a) the recognizance of that person shall be discharged; and(b) the recognizance of any surety for him shall, as directed by the court, either

be discharged or continue in force.4 In this Schedule “the appointed day” means the day appointed under section 13(2)

of this Act for it to come into force.



33

Status: Point in time view as at 10/04/1995. This version of this Act contains provisions that are notvalid for this point in time.

Changes to legislation: Bail Act 1976 is up to date with all changes known to be in force on or before 28 June 2021.There are changes that may be brought into force at a future date. Changes that have been madeappear in the content and are referenced with annotations.

bail act 1976 - legislation.gov.uk

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